Nationwide Property Casualty v. Nestor

In a subrogation action to recover insurance benefits paid to the plaintiffs insured, the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated January 6, 2003, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Nationwide Property Casualty, the insurer of the subject apartment building owned by Stella Troíanos and Evagelos Troianos, commenced this subrogation action seeking *410recovery of insurance benefits it paid them for property damage that occurred to the apartment as the…